Federal Emergency Management Agency, DHS.
Final rule; correction.
On March 13, 2017, FEMA published in the Federal Register a suspension of community eligibility final rule that contained an erroneous table. This final rule provides corrections to that table, to be used in lieu of the information published at 82 FR 13399. The table provided here represents the communities that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program.
The effective date of each community's scheduled suspension is the third date (“Susp.”) listed in the third column of the following tables.
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FOR FURTHER INFORMATION CONTACT:
If you want to determine whether a particular community was suspended on the suspension date or for further information, contact Patricia Suber, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 400 C Street SW., Washington, DC 20472, (202) 646-4149. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at https://www.fema.gov/national-flood-insurance-program-community-status-book.
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The NFIP enables property owners to purchase Federal flood insurance that is not otherwise generally available from private insurers. In return, communities agree to adopt and administer local floodplain management measures aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale of NFIP flood insurance unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. We recognize that some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue to be eligible for the sale of NFIP flood insurance. A notice withdrawing the suspension of such communities will be published in the Federal Register.
In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that identifies the Special Flood Hazard Areas (SFHAs) in these communities. The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year on FEMA's initial FIRM for the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment procedures under 5 U.S.C. 553(b), are impracticable and unnecessary because communities listed in this final rule have been adequately notified.
Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days.
In the suspension of community eligibility final rule published at 82 FR 13399 in the March 13, 2017 issue of the Federal Register, FEMA published a table titled Suspension of Community Eligibility Internal Agency Docket No. FEMA-8469. This table contained inaccurate information as to the date the communities were to be suspended featured in the table. The Cities of Lakewood and Ruston, Pierce County, Washington, remain eligible for suspension. The other communities listed in the incorrect table came into compliance and thus were not suspended. In this document, FEMA is publishing a table containing the accurate information. The information provided below should be used in lieu of that previously published.
National Environmental Policy Act. FEMA has determined that the community suspension(s) included in this rule is a non-discretionary action and therefore the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) does not apply.
Regulatory Flexibility Act. The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place.
Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735.
Executive Order 13132, Federalism. This rule involves no policies that have federalism implications under Executive Order 13132.
Executive Order 12988, Civil Justice Reform. This rule meets the applicable standards of Executive Order 12988.
Paperwork Reduction Act. This rule does not involve any collection of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
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- Flood insurance
Accordingly, 44 CFR part 64 is amended as follows:End Amendment Part
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1. The authority citation for part 64 continues to read as follows: End Amendment Part
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2. The tables published under the authority of § 64.6 are amended as follows: End Amendment Part
|State and location||Community No.||Effective date authorization/ cancellation of sale of
flood insurance in community||Current effective map date||Date certain Federal assistance no longer available
|Lakewood, City of, Pierce County||530333||N/A, Emerg; November 28, 1997, Reg; March 7, 2017, Susp.||March 7, 2017||March 7, 2017.|
|Ruston, City of, Pierce County||530300||N/A, Emerg; December 3, 2008, Reg; March 7, 2017, Susp.||......do|| Do.|
|*-do- = Ditto.|
|Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.|
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Dated: April 10, 2017.
Michael M. Grimm,
Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2017-07612 Filed 4-14-17; 8:45 am]
BILLING CODE 9110-12-P